498 P.3d 443
Utah Ct. App.2021Background
- In 1991 a man (Victim) was stabbed to death after a Laotian-community dance; three Asian males left the scene in a car and Victim died at the scene.
- Police stopped a light-colored car shortly after; Sundara was driving and two acquaintances (Friend and Brother) were passengers. Officers observed blood on Sundara and a large knife with blood in the rear floor.
- Forensics in 1991 were inconclusive; the case remained unresolved. In 2014 reexamination matched a fingerprint lift on the knife to Sundara and DNA from blood on Sundara’s clothing and the fingerprint-lift stain to the Victim. Friend later pled to manslaughter and testified for the State.
- Sundara was tried in 2019, convicted of murder, and sentenced to 5 years to life. Key contested trial issues: (1) defense counsel did not move to suppress evidence from the traffic stop; (2) a seated juror (Juror 1) was excused and replaced when the court learned he might be served with a protective order during trial; (3) the court gave a flight instruction over defense objection.
- Sundara appealed alleging ineffective assistance for failing to challenge the stop, sought a rule 23B remand to add a police report about an anonymous tip, challenged the juror replacement, and argued the flight instruction was improper.
- The Utah Court of Appeals affirmed: counsel’s decision not to move to suppress was reasonable given reasonable-suspicion support for the stop; the rule 23B material would not establish ineffective assistance; the juror dismissal was within the court’s discretion and harmless; the flight instruction was proper.
Issues
| Issue | Sundara's Argument | State's/Court's Argument | Held |
|---|---|---|---|
| Effectiveness of counsel for not moving to suppress stop evidence | Counsel should have moved to suppress because the stop rested on an anonymous/unverified tip and was constitutionally unreasonable | Officer had reasonable, articulable suspicion based on a contemporaneous report of the stabbing, a description of fleeing Asian males, direction of travel, and corroboration by officer observations; a suppression motion would likely fail | Counsel’s decision was not deficient; no ineffective assistance because the stop was supported by reasonable suspicion |
| Rule 23B remand to supplement record with police report that tip came from "some unknown person" | The additional police report would show the tip was anonymous and uncorroborated, establishing counsel’s deficiency and prejudice | Even if true, the tip was a citizen-witness account (not truly anonymous), provided location/direction detail, and was corroborated by officer observations; facts would not show ineffective assistance | 23B motion denied; additional facts would not change ineffective-assistance outcome |
| Excusal and replacement of Juror 1 with alternate after potential service of protective order | Removing Juror 1 prejudiced Sundara—defense had purposely seated him for his stated preference for forensic evidence | Court reasonably feared Juror 1 could be served mid-trial or tainted by inquiry; rules permit replacing disqualified jurors; alternate was impartial | No abuse of discretion; replacement proper (and harmless even if erroneous) |
| Flight jury instruction | Instruction implied Sundara was at the crime scene and was unnecessary/confusing because there was direct evidence of running | Evidence showed flight occurred after the stabbing and model instruction correctly limited inference; precedent permits flight instructions when supported by evidence | Giving the flight instruction was correct under Utah law |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong ineffective-assistance test: deficient performance and prejudice)
- Illinois v. Gates, 462 U.S. 213 (U.S. 1983) (totality-of-the-circumstances test for informant tips and probable cause analysis)
- State v. Markland, 112 P.3d 507 (Utah 2005) (officer may stop based on contemporaneous report plus corroborating observations)
- Salt Lake City v. Street, 251 P.3d 862 (Utah Ct. App. 2011) (framework for evaluating informant tip: reliability, detail, and corroboration)
- State v. Franklin, 735 P.2d 34 (Utah 1987) (approving flight instructions when ample evidence supports them)
- State v. Calliham, 55 P.3d 573 (Utah 2002) (erroneous juror exclusion requires showing jury was partial or incompetent to demonstrate prejudice)
- State v. LoPrinzi, 338 P.3d 253 (Utah Ct. App. 2014) (flight instruction proper if flight occurred after commission of the charged crime)